SUPER BIRTHDAY, INC. DBA MINI EXPRESS

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INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: JAN 18 2024 N-2024-024 p. Lo Cm) Ce Se e \�<d+� 6 AMUSEMENT DEVICE PROVIDER AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SUPER BIRTHDAY, INC., DBA MINI EXPRESS THIS AGREEMENT is made and entered into this 21st day of December, 2023, by and between Super Birthday, hie., a California corporation, dba Mini Express ("Provider") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a provider to furnish a trackless train activity for the City Library's Dia de los Nines, Dia de los Libros (Children's Day, Book Day) to be held on April 27, 2024 at the Santa Ana Main Library ("Event"). B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Provider shall furnish a trackless train, including setup and teardown, as well as the equipment necessary and at least one (1) staff member to operate the attraction, as more fully described in Exhibit A attached hereto and incorporated by reference. City grants Provider the right to enter its property for the purpose of delivery, set-up, operation, and pick-up. The event shall occur on Saturday, April 27, 2024 from 10:30 a.m. — 2:00 p.m. at the Santa Ana Library, and shall be disassembled and removed by Provider at the conclusion of the Event. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services to City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this AGREEMENT shall not exceed Nine Hundred Dollars and Zero Cents ($900.00). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Provider agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Provider agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Provider's account(s) with financial institutions.. Page 1 of 6 J